Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it (...) shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law. (shrink)

This book celebrates Professor Margaret Brazier's outstanding contribution to the field of healthcare law and bioethics. It examines key aspects developed in Professor Brazier's agenda-setting body of work, with contributions being provided by leading experts in the field from the UK, Australia, the US and continental Europe. They examine a range of current and future challenges for healthcare law and bioethics, representing state-of-the-art scholarship in the field. The book is organised into five parts. Part I discusses key principles and themes (...) in healthcare law and bioethics. Part II examines the dynamics of the patient-doctor relationship, in particular the role of patients. Part III explores legal and ethical issues relating to the human body. Part IV discusses the regulation of reproduction, and Part V examines the relationship between the criminal law and the healthcare process. Offering a collaborative review of key and innovative themes in the field, the book will be of great interest and use to academics and students working in healthcare law and bioethics, and those working in health policy, law and regulation at both national and international levels. (shrink)

The social sciences are often thought to be inferior to the natural sciences because they do not have laws. Bohman writes that “the social sciences have never achieved much in the way of predictive general laws—the hallmark of naturalistic knowledge—and so have often been denied the honorific status of ‘sciences’” (1994, pg. vii). Philosophers have suggested a number of reasons for the dearth of laws in the social sciences, including the frequent use of ceteris paribus conditions in (...) the social sciences, reflexivity, and the use of ‘odd’ concepts. This thesis argues that the scarcity of laws in the social sciences is primarily due to the concepts that social scientists often work with. These concepts are described as Nomadic and are characterised by disagreement about what can reasonably be included within the scope of a concept. The second half of the thesis explores the implications of this analysis. It argues firstly, that counterfactual analysis is problematic when using Nomadic concepts. Secondly, it argues that taking an intentional perspective on behaviour often involves the use of Nomadic concepts so, if social scientists do hope to formulate laws, then they are more likely to succeed if they focus on behaviour that is not intentional. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Socrates and Thrasymachus Become FriendsCatherine ZuckertIn the Platonic dialogues Socrates is shown talking to two, and only two, famous teachers of rhetoric, Thrasymachus of Chalcedon and Gorgias of Leontini.1 At first glance relations between Socrates and Gorgias appear to be much more courteous—they might even be described as cordial—than relations between Socrates and Thrasymachus. In the Gorgias Socrates explicitly and intentionally seeks an opportunity to talk to Gorgias (...) and treats him with great respect. Socrates shows that Gorgias’s claims concerning the power of his art are contradictory, but the philosopher does not press his advantage or embarrass the rhetorician (Stauffer 2006, 34). Although Gorgias indicates his interest in hearing what Socrates has to say by urging his young friends Polus and Callicles to continue the conversation, Gorgias never says that he is convinced by Socrates. And Socrates never announces that Gorgias has become his friend.2In the Republic Socrates reports that Thrasymachus burst into the conversation like a lion. Socrates even claims that he and his interlocutor (Polemarchus) were frightened. The initial exchange between Socrates and Thrasymachus thus appears to be hostile. In the argument that follows, Socrates embarrasses Thrasymachus; the famous teacher of rhetoric blushes. Nevertheless, Socrates declares later in the conversation (1900, 498d) that he and Thrasymachus have become friends.3 [End Page 163]The difference in the relations Socrates had—or at least thought that he could have—with the two teachers of rhetoric is important, because it indicates what sort of rhetoric Socrates thought was compatible not only with his philosophy but also with a just political order and what was not. The differences between the claims and arguments of the two teachers of rhetoric are not easy to pinpoint, however. Many of the charges that Gorgias’s associates Polus and Callicles make against Socrates, at least partly in defense of Gorgias, sound very much like charges Thrasymachus makes against Socrates. In order to discover the grounds of the difference in the relation between the philosopher and the two teachers of rhetoric, it thus becomes necessary to review and compare the claims Gorgias and his students make with those Thrasymachus levels against Socrates at the beginning of the Republic.Socrates’ Encounter with GorgiasAt the beginning of the Gorgias the famous rhetorician’s Athenian host Callicles expresses surprise that Socrates has come to hear Gorgias declaim. But Socrates is not interested in witnessing a demonstration of Gorgias’s prowess as a speaker; he wants to ask the rhetorician what the power of his art is and what he teaches. Since Gorgias had previously offered to answer any questions after his speech, he agrees to respond to Socrates’ queries.In order for them to converse, Socrates emphasizes, Gorgias will have to keep his responses short. Although Gorgias sensibly observes that all questions cannot be answered adequately with brief replies, his first responses to Socrates’ questions are very short. Since Gorgias claims to be a knower and practitioner of an art, Socrates asks what he does and makes others capable of doing. Gorgias replies that he gives speeches and teaches others how to orate. Socrates asks what the speeches are about. “The greatest of human affairs, and the best” (1998, 451d), Gorgias vaguely and rather evasively responds. Pressed to be more specific, he finally declares that his art provides “the greatest good and cause both of freedom for human beings themselves and rule over others in each man’s own city” by enabling them to make speeches that “persuade judges in the law court, councilors in the council, assemblymen in the assembly, and in every other... political gathering” (1998, 452d–e, translation slightly modified).The Grounds of Gorgias’s ClaimsIf Gorgias had not been restricted to brief replies by his agreement with Socrates, he might have explained the reasons for his vast claims with [End Page 164] arguments like those to be found in two of his remaining fragments. In his “Encomium to Helen” he explains the overwhelming power of speech, and in “On the Nonexistent” he demonstrates the reason or basis of this power by arguing that there is no form of “being” that exists independent of our... (shrink)

Tracing the sign -- Signing the trace -- The messianic without messianism -- Mourning terminable and interminable : law and (commmodity) fetishism -- Justice, law, and Antigone's singular act -- Generalizing the economy of fetishism.

In recent years, a number of US states have adopted laws that require pregnant women to have an ultrasound examination, and be shown images of their foetus, prior to undergoing a pregnancy termination. In this paper, I examine one of the basic presumptions of these laws: that seeing one’s foetus changes the ways in which one might act in regard to it, particularly in terms of the decision to terminate the pregnancy or not. I argue that mandatory ultrasound (...) laws compel women into a position of moral spectatorship and require them to recognise the foetus as a being for whom they are responsible, particularly through empathic responses to ultrasound images. The approach I propose extends the project of a bioethics of the image and highlights the need for a critical analysis of the political mobilization of empathy in discussions of abortion. (shrink)

How scholastic realism met the scientific method.

ILaw, Regulation and Ethics introduces students to the responsibilities and standards in health care derived from legal, ethical and regulatory frameworks. The text approaches ethics and law for health care in an integrated and accessible way, covering governance, professional identity, and professional responsibility whereby accountability plays an important role. The text combines examples of legal and administrative decisions with the reasoning behind decisions, to introduce students to societal expectations of institutions and persons engaged in health care. Sourced from a variety (...) of regulatory, ethics, and policy arenas, the examples equip students with the ability to identify and understand appropriate standards in order to practice safely and competently, and to recognize when a situation is problematic and deserving of greater reflection or expert advice. Practice-oriented case examples and critical-reflection questions enhance the text and encourage students to develop effective practice habits, whereby active reflection, reasoning, problem solving and mindfulness become essential components of working in the health care sector. (shrink)

This article uses Hans Kelsen's theory of a legalsystem to take a fresh look at European Community law,and the relationship between the European Community,its Member States, and international law. It arguesthat the basis of the Community's legal legitimacy isindeterminate, and offers a model to accommodate thatindeterminacy. This model is founded on aconstructivist approach suggested to be particularlyuseful in the EC context. Using this approach, it isargued that the concepts of system, autonomy andsovereignty in the Community can only be understoodthrough the (...) recognition of a plurality of viewpoints,and that it is crucial, in describing the Community,to distinguish between a concept per se and thechoice to adopt that concept. (shrink)

In his 1992 text ‘Force of Law’ Jacques Derrida makes the radical claim that the aura of law’s legitimacy is always achieved by virtue of an ideological sleight of hand. I argue that the radicality of this claim does not lie in its abandonment of the rule of law, nor is this claim a call to political quietism. Rather, Derrida charges us with the responsibility of interrogating the moments of law’s force or ideology. Following this suggestion I argue that one (...) important way that the law has maintained its aura of legitimacy is on the basis of an ideological appeal to the presumed natural or transparent nature of sexual complementarity. Through a reading of Hegel’s use of the Greek mythological Antigone, I argue that one important way that the im possibility of the necessary encounter between law and the singular case has been covered over, is by way of an appeal to the presumed naturalness of heterosexuality. The conclusion of my analysis is that the illusion of law’s legitimacy is not necessarily achieved with reference to the feminine, nor by virtue of an appeal to the transparency of heterosexuality, but it is no coincidence that it has been achieved in this way so often in the history of political philosophy either. However, no matter how the illusion of law’s legitimacy is achieved, it will always require a sleight of hand; it will always be ideological and therefore political. This analysis therefore serves as an example of how deconstruction can be mobilized as much more than a philosophical meditation on the impossibility of justice; rather, it offers a mode of analysis of critical importance to social and legal theorists. Key Words: Antigone • Derrida • Hegel • sexual difference. (shrink)

JM Coetzee has on several occasions been criticised for his failure to elaborate a political vision of transformation beyond the social and political conditions that he describes in his novels. Focusing on the novel ’Life and Times of Michael K’, I argue that this criticism fails to appreciate the conception of political futurity that is evident in Coetzee’s novels. For there emerges in Michael K a gesture of hope in which turning away from history is the condition of possibility for (...) hope for the future. Central to elaborating this gesture is the question of the status of the subject before the law, for it is on condition of the law’s suspension - or what Giorgio Agamben has identified as a condition of abandonment - that the possibility for future transformation develops. Thus I show that Michael K can profitably be read in conjunction with Agamben’s conception of biopolitics and the condition of abandonment that he argues characterises contemporary political existence. Read within this conceptual framework, Michael K appears as a limit-figure of the human and animal, in which the caesuras that Agamben argues cross the human being in modern politics become evident. Despite this apparent conceptual congruence, though, the particular figuration of hope or political futurity that Coetzee develops differs from Agamben’s in significant ways. For the latter, pushing the condition of abandonment to its extreme limit is the necessary condition for the inauguration of a redemptive ’form-of-life’ in which the human and inhuman elements of the human being can no longer be separated. Coetzee, however, offers a portrayal of hope that rests on the realisation of spaces for living within the ban of the law - spaces in which there is nevertheless ’time enough for everything’. (shrink)

This article examines the claim that there are two different and often incompatible ‘worlds’ within which contractual relationships can be placed—a real world created by the parties and an artificial world created by contract law and formal contract documents. This distinction, often made by sociolegal scholars, is usually accompanied by the suggestion that legal reasoning might be improved by more attention to the real world of contracting at the expense of the artificial world of documents and classical doctrine. After examining (...) the relationship between trust and contract, the role of legal institutions in supporting agreement-making and the reasons parties might have for formalizing commercial relationships, the article argues that a sharp distinction between the real and paper deal cannot be drawn and that in many commercial agreements these must be understood as integrated phenomena, rather than wholly discrete aspects of contracting behaviour. The article then considers the capacity of contract law to respond to this finding, with particular reference to the law's approach to uncertainty in agreements and the contextual approach to contract interpretation as developed by Lord Hoffmann in Investors Compensation Scheme and subsequent cases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Deaconesses and Ritual ImpurityCatherine Brown TkaczCultural diversity underlies the differences between deaconesses of the East and of the West.1 In the West, women were recognized by their faith as able to catechize others and to assist women at baptism; in some parts of the East, only a deaconess could take these roles. Again, only in some areas of the East, women at certain times were not permitted to enter (...) the church building, but deaconesses could take the Eucharist to these housebound women. In religious life, corresponding differences existed. In the West, nuns were fitted by their vows to take various roles in the Liturgy of the Hours; in the East, in some areas, only a diaconal abbess could take these roles. In remote monasteries which might lack a priest for some time, the diaconal abbess could distribute pre-consecrated communion to the community. Long has cosmic dualism been recognized as a trait of the Eastern groups that had deaconesses. Now another trait can be identified: [End Page 187] apparently the groups which retained the Levitical laws of ritual impurity were the ones that needed the gender-specific ministry of deaconesses. Examining the theological and cultural context in which that office arose helps explain this varied history. Next, the Western deaconess is most clearly limned by comparing the pertinent Latin ceremonies. This also sheds unexpected light on how the Roman Catholic Church protected the property rights of consecrated women.The Context in Which Deaconesses AroseJesus taught a new doctrine: the call to sanctification: "Be perfect as your Father in heaven is perfect" (Matt 5:48). Again, he commanded them to imitate him, to take up their cross daily and follow him (Luke 9:23). The post-Gospels New Testament continued to suggest ways for the believer to imitate Christ (for example, Heb 13:10–15). These teachings ground the doctrine that every human person is called to be holy and like Christ. To ensure that his followers knew that this vocation to holiness concerns women equally with men, Jesus demonstrated and emphasized the spiritual equality of the sexes throughout his time on earth.2 In an unprecedented way, he provided balanced examples of male and female in his interactions with men and women, in his healings, resurrection miracles, parables, and prophecies.3 In contrast, in the Old Testament and in the Jewish Haggadah, [End Page 188] paired male and female examples are "quite rare."4 While Tannaite Jews "exempted" women from reciting Shema and other acts of ritual worship and required only domestic devotions, Jesus elicited a public profession of faith from a woman as well as from a man—Peter (John 6:69) and Martha of Bethany (John 11:27)—and hers proves to be fuller.5 This dynamically demonstrated the spiritual equality of the sexes, and Eustathios of Antioch, Chrysostom, Augustine, and others praised Martha for teaching the faith.6From the start, both men and women were instructed in the faith, baptized, and received communion.7 Women also participated with men in evangelizing others. This began at Jesus's presentation in the Temple, his first public appearance, when the prophetess Anna announced the coming of the Messiah (Luke 2:36–38). The Samaritan woman evangelized her community: as soon as she learned of Jesus through conversation with him, she actively instructed others, so that many believed in him "because of the woman's testimony" (John 4:28–30, 39–42). The evangelical work of Priscilla was reported, with the account of her teaching a man (Acts 18:2, 26). That is, Christians interacted without a strict segregation of the sexes. When the apostles learned of neglect of the Greek widows, they obviously did not think that only other women could respond to this social need, for the apostles appointed men to do so (Acts 6:1–6).8Contrast this to the Jewish understanding of the roles of men and women. In the Temple, only Jewish men were allowed inside; women were relegated to the women's court. This segregation continued in medieval synagogues.9 [End Page 189] Likewise, as noted above, the Tannaite Jews "exempted" women from public worship. In Christian churches, however... (shrink)

This paper argues that in liberal nations migration law orders chaotic images and is an important site for the construction of national identities. Empirical illustrations are drawn primarily from Australia, but the thesis is applicable to all immigrant nations and also provides insights for the “Old World”. The argument proceeds by first examining the role of migration laws in liberal democratic societies. Building on this framework, it then looks at how Australian migration law responds to images of disorder outside (...) the nation. Finally, it considers how migration law addresses disorder within the nation by reflecting a coherent picture of Australian national identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Socrates and Thrasymachus Become FriendsCatherine ZuckertIn the Platonic dialogues Socrates is shown talking to two, and only two, famous teachers of rhetoric, Thrasymachus of Chalcedon and Gorgias of Leontini.1 At first glance relations between Socrates and Gorgias appear to be much more courteous—they might even be described as cordial—than relations between Socrates and Thrasymachus. In the Gorgias Socrates explicitly and intentionally seeks an opportunity to talk to Gorgias (...) and treats him with great respect. Socrates shows that Gorgias’s claims concerning the power of his art are contradictory, but the philosopher does not press his advantage or embarrass the rhetorician (Stauffer 2006, 34). Although Gorgias indicates his interest in hearing what Socrates has to say by urging his young friends Polus and Callicles to continue the conversation, Gorgias never says that he is convinced by Socrates. And Socrates never announces that Gorgias has become his friend.2In the Republic Socrates reports that Thrasymachus burst into the conversation like a lion. Socrates even claims that he and his interlocutor (Polemarchus) were frightened. The initial exchange between Socrates and Thrasymachus thus appears to be hostile. In the argument that follows, Socrates embarrasses Thrasymachus; the famous teacher of rhetoric blushes. Nevertheless, Socrates declares later in the conversation (1900, 498d) that he and Thrasymachus have become friends.3 [End Page 163]The difference in the relations Socrates had—or at least thought that he could have—with the two teachers of rhetoric is important, because it indicates what sort of rhetoric Socrates thought was compatible not only with his philosophy but also with a just political order and what was not. The differences between the claims and arguments of the two teachers of rhetoric are not easy to pinpoint, however. Many of the charges that Gorgias’s associates Polus and Callicles make against Socrates, at least partly in defense of Gorgias, sound very much like charges Thrasymachus makes against Socrates. In order to discover the grounds of the difference in the relation between the philosopher and the two teachers of rhetoric, it thus becomes necessary to review and compare the claims Gorgias and his students make with those Thrasymachus levels against Socrates at the beginning of the Republic.Socrates’ Encounter with GorgiasAt the beginning of the Gorgias the famous rhetorician’s Athenian host Callicles expresses surprise that Socrates has come to hear Gorgias declaim. But Socrates is not interested in witnessing a demonstration of Gorgias’s prowess as a speaker; he wants to ask the rhetorician what the power of his art is and what he teaches. Since Gorgias had previously offered to answer any questions after his speech, he agrees to respond to Socrates’ queries.In order for them to converse, Socrates emphasizes, Gorgias will have to keep his responses short. Although Gorgias sensibly observes that all questions cannot be answered adequately with brief replies, his first responses to Socrates’ questions are very short. Since Gorgias claims to be a knower and practitioner of an art, Socrates asks what he does and makes others capable of doing. Gorgias replies that he gives speeches and teaches others how to orate. Socrates asks what the speeches are about. “The greatest of human affairs, and the best” (1998, 451d), Gorgias vaguely and rather evasively responds. Pressed to be more specific, he finally declares that his art provides “the greatest good and cause both of freedom for human beings themselves and rule over others in each man’s own city” by enabling them to make speeches that “persuade judges in the law court, councilors in the council, assemblymen in the assembly, and in every other... political gathering” (1998, 452d–e, translation slightly modified).The Grounds of Gorgias’s ClaimsIf Gorgias had not been restricted to brief replies by his agreement with Socrates, he might have explained the reasons for his vast claims with [End Page 164] arguments like those to be found in two of his remaining fragments. In his “Encomium to Helen” he explains the overwhelming power of speech, and in “On the Nonexistent” he demonstrates the reason or basis of this power by arguing that there is no form of “being” that exists independent of our... (shrink)

The author seeks to show how participation serves as a focal point of a Thomistic personalist account of natural law. While Aquinas himself does not invoke the concept of person in his account of natural law, the author argues that participation can and should be understood as a personal act. According to her, justification for this interpretation is found in the commonality of rationality: that which both makes a substance to be a person and renders the participation of man in (...) the eternal law to be a truly natural law. (shrink)

Glucagon-like peptide-1 receptor agonists are effective for treating obesity, but the high cost of these medications endangers the financial viability of our health care system. To ensure that these drugs are available to Medicare beneficiaries, pharmaceutical manufacturers must lower their prices.

Giorgio Agamben has gained widespread popularity in recent years for his rethinking of radical politics and his approach to metaphysics and language. However, the extraordinary breadth of historical, legal and philosophical sources which contribute to the complexity and depth of Agamben's thinking can also make his work intimidating. Covering the full range of Agamben's work, this critical introduction outlines Agamben's key concerns: metaphysics, language and potentiality, aesthetics and poetics, sovereignty, law and biopolitics, ethics and testimony, and his powerful vision of (...) post-historical humanity. Highlighting the novelty of Agamben's approach while also situating it in relation to the work of other continental thinkers, "The Philosophy of Agamben" presents a clear and engaging introduction to the work of this original and influential thinker. (shrink)

Do environmental policy statements accurately represent corporate commitment to environmental sustainability? Because companies are not required by law to publish environmental policy statements or to verify that these statements are true using independent third parties, external stakeholders often wonder when a published commitment to a policy translates into actual policy implementation. The authors analyzed two independent databases to predict the circumstances under which large, leading-edge corporations in industry sectors will commit to and/or implement proactive corporate environmental policies and when it (...) is unlikely they will do so. The authors found that commitment to specific environmental policies does not vary greatly between industry sectors; however, policy implementation does. (shrink)

Precision medicine research is rapidly taking a lead role in the pursuit of new ways to improve health and prevent disease, but also presents new challenges for protecting human subjects. The extent to which the current “web” of legal protections, including technical data security measures, as well as measures to restrict access or prevent misuse of research data, will protect participants in this context remains largely unknown. Understanding the strength, usefulness, and limitations of this constellation of laws, regulations, and (...) procedures is critical to ensuring not only that participants are protected, but also that their participation decisions are accurately informed. To address these gaps, we conducted in-depth interviews with a diverse group of 60 thought-leaders to explore their perspectives on the protections associated with precision medicine research. (shrink)

Leibniz beschreibt sein philosophisches Anliegen oft als Versuch, bestimmte Formen, die von den modernen Philosophen verbannt waren, wieder herzustellen. Dieser Aufsatz erörtert den historischen Gang dieser Verbannung und Leibniz' Bemühen um eine Rehabilitierung der Begriffe Natur, Form und Kraft, wobei er jedoch okkulte, “barbarische” und überflüssige Zutaten zur Naturphilosophie vermeidet.

In economics, thought experiments are frequently justified by the difficulty of conducting controlled experiments. They serve several functions, such as establishing causal facts, isolating tendencies, and allowing inferences from models to reality. In this paper, I argue that thought experiments served a further function in economics: facilitating the quantitative definition and measurement of the theoretical concept of utility, thereby bridging the gap between theory and statistical data. I support my argument by a case study, the “hypothetical experiments” of the Norwegian (...) economist Ragnar Frisch (1895-1973). Frisch aimed to eliminate introspection and a subjective concept of utility from economic reasoning. At the same time, he sought behavioral foundations for economic theory that enabled quantitative reasoning. By using thought experiments to justify his set of choice axioms and facilitating the operationalization of utility, Frisch circumvented the problem of observing utility via actual experiments without eliminating the concept of utility from economic theory altogether. As such, these experiments helped Frisch to empirically support the theory’s most important results, such as the laws of demand and supply, without the input of new empirical findings. I suggest that Frisch’s experiments fulfill the main characteristics of thought experiments. (shrink)

This paper considers whether existing law could potentially be used to criminalize the transmission of genetic disease. The paper argues that even if an offence could be made out, the criminal law should not be involved in this context for many reasons, including the need to protect reproductive liberty and pregnant women’s rights. The paper also examines whether there might be scope for civil claims between reproductive partners for a ‘failure to warn’ of potential genetic harm and argues there are (...) strong policy grounds for resisting such claims. If such a duty were to exist, there might, in the future, be scope for a child to bring a claim under the Congenital Disabilities 1976. Such a claim could be for the failure by the child’s father to warn her mother, which in turn led to the loss of opportunity to have treatment in utero which could have prevented the disability. It is suggested that the same arguments which supported granting maternal immunity under the Act would also support paternal immunity and that, therefore the issue of the lack of paternal immunity under the Act should be revisited. (shrink)

Discussions over whether these natural kinds exist, what is the nature of their existence, and whether natural kinds are themselves natural kinds aim to not only characterize the kinds of things that exist in the world, but also what can knowledge of these categories provide. Although philosophically critical, much of the past discussions of natural kinds have often answered these questions in a way that is unresponsive to, or has actively avoided, discussions of the empirical use of natural kinds and (...) what I dub “activities of natural kinding” and “natural kinding practices”. The natural kinds of a particular discipline are those entities, events, mechanisms, processes, relationships, and concepts that delimit investigation within it—but we might reasonably ask: How are these natural kinds discovered?, How are they made?, Are they revisable?, and Where do they come from? A turn to natural kinding practices reveals a new set of questions open for investigation: How do natural kinds explain through practice?, What are natural kinding practices and classifications and why should we care?, What is the nature of natural kinds viewed as a set of activities?, and How do practice approaches to natural kinds shape and reconfigure scientific disciplines? Natural kinds have traditionally been discussed in terms of how they classify the contents of the world. The metaphysical project has been one which identifies essences, laws, sameness relations, fundamental properties, and clusters of family resemblances and how these map out the ontological space of the world. But actually how this is done has been less important in the discussion than the resultant categories that are produced. I aim to rectify these omissions and suggest a new metaphysical project investigating kinds in practice. (shrink)

Suicide is a public health problem which will require an integrated cross-sector approach to help reduce prevalence rates. One strategy is to include the legal system in a more integrated way with suicide prevention efforts. Caine explored a public health approach to suicide prevention, depicting risk factors across the socio-ecological model. The purpose of this paper is to examine laws that impact suicide prevention at the individual, relational, community, and societal levels. These levels are fluid, and some interventions will (...) fall between two, such as a community-level approach to training that enhances provider-patient relationships. At the individual level, we will review laws to improve screening requirements across systems. At the relational level, we note interventions with couples having conflict, such as protection orders and access to attorney consultations, which have been known to be injury prevention mechanisms. At the community level, we discuss legislation that recommends suicide prevention efforts for key individuals working as frontline providers in the medical and educational systems. At the societal level, we explore public awareness campaigns that target stigma reduction for those suffering from mental health burden and enhance linkage to care. The article closes with the discussion that laws are good, but their implementation is essential. (shrink)

This article uses Hans Kelsen's theory of a legal system to take a fresh look at European Community law, and the relationship between the European Community, its Member States, and international law. It argues that the basis of the Community's legal legitimacy is indeterminate, and offers a model to accommodate that indeterminacy. This model is founded on a constructivist approach suggested to be particularly useful in the EC context. Using this approach, it is argued that the concepts of system, autonomy (...) and sovereignty in the Community can only be understood through the recognition of a plurality of viewpoints, and that it is crucial, in describing the Community, to distinguish between a concept per se and the choice to adopt that concept. (shrink)

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in (...) cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history. (shrink)

Worker organizing outside the traditional union framework in the United States has lately focused on worker centers, which provide the benefits of collective action and participatory workplace democracy without the legal obstacles faced by unions. This Article offers thoughts on legal regulation of worker organizations’ internal governance to facilitate collective power with appropriate protection for the rights of individuals within the collective. Federal law extensively regulates the internal governance of unions so as to protect minorities in an organization that is (...) an exclusive representative. It does not apply to worker centers, which disclaim the desire to represent workers for bargaining. Worker centers are regulated only lightly, under state law of nonprofit organizations. But if they become powerful, they will be large and will need to be managed by a leadership that may or may not remain accountable to the membership and respectful of minority rights. This Article offers a reading of the literature on union democracy from the 1950s as notes toward thinking about governance of worker organizations that are not labor unions. Democracy was the political moment when the demos recognized that the power of the polis was their power, not an illegal seizure of something that belonged to the rich or well born. Sheldon Wolin, “Democracy: Electoral and Athenian”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Making Fetal PersonsFetal Homicide, Ultrasound, and the Normative Significance of BirthCatherine MillsIn early 2012, the then attorney general of Western Australia, Christian Porter, announced plans to introduce fetal homicide laws that would “create a new offence of causing death or grievous bodily harm to an unborn child through an unlawful assault on its mother” (Porter 2012). While well established in the United States, fetal homicide laws are (...) only beginning to take shape in Australia.1 The proposed law would mean that if an offender assaulted a woman and thereby caused the death of the fetus she was gestating, the courts would be required to impose a sentence of life imprisonment in all but exceptional circumstances—equivalent to the penalty for murder. While the proposed fetal homicide law is said to give appropriate recognition to the grief and suffering of the woman involved—and while it may help to do that—this is certainly not all it would do.2 For it would also give existence to a new legal subject in Western Australia, that is, the “unborn child”: currently, under Western Australian law a child is only legally capable of being murdered when already external to the mother’s body. Thus, the woman’s body constitutes a kind of “natural” basis for a legal boundary—one that the proposed law transgresses and perhaps obliterates, at the same time as it purports to recognize the trauma associated with the transgression and obliteration of that boundary by another.Fetal homicide laws thus traverse difficult territory in the maternal-fetal relationship, in which actions against one person come to constitute a crime against another. Significantly, these laws are typically formulated to provide legal protection for pregnant women against the intrusions of a third party against [End Page 88] their person. However, it may be that they can also be interpreted more generally to provide legal protection for the fetus against others. So construed, such laws open up a danger for pregnant women themselves, insofar as their actions threaten the life and well-being of the fetus they carry. One recent example of the exploitation of this ambiguity in fetal homicide laws is the case of Bei Bei Shuai, a young woman of Chinese descent who faced felony charges of murder in Indiana after a failed suicide attempt resulted in the death of the thirty three week old fetus she was gestating (Pilkington 2011, 2012). If a woman’s actions against herself, leading to the death of her fetus, can be legally construed as murder, where does this leave the law on abortion? The Western Australian attorney general insisted that the proposed law would not affect laws on abortion in any way, since it would not encroach on a woman’s right to make decisions about her pregnancy (Porter 2012). But a woman’s decisional rights in regards to her pregnancy are at best an unstable dividing line; at worst, it is precisely her decision to terminate a pregnancy—that is, to intentionally bring about the death of the fetus—that substantiates a murder charge. Indeed, at the crux of the Shuai case was her suicide note, in which she apparently stated her intent to kill her fetus.This ambiguity between abortion and fetal homicide has been the topic of much discussion in legal literature, and it raises significant questions that bear further investigation. For one, it raises in a particularly pointed way questions about the moral and legal significance of birth, and the bearing it has on the status of the fetus. Birth has historically been significant in establishing personhood, but this reliance on birth is challenged by the shift to treating the fetus as a person for the purposes of some areas of the law. The further question then arises of whether that status must remain consistent across domains of the law, such as those addressed to the death of a fetus at the hands of a third party, and those on abortion. While these questions have been well canvassed in legal discussions, we might also consider the impact that technologies such as obstetric ultrasound have on notions of fetal life and personhood. Advances in medical technologies appear... (shrink)

The notion of the ‘reasonable expectations of the parties’ plays an important justificatory role in contract law, yet the notion has not been subjected to any sustained analysis in the contract law literature. This article examines the various roles that reasonable expectation plays in contract law and explores the different understandings of the notion that are revealed. It identifies three possible bases for reasonable expectations—an institutional basis, an empirical basis and a normative basis—and examines how reasonable expectations arguments in contract (...) reflect each of these differing justificatory bases. This makes appeals to reasonable expectation in contract law problematic since the differently grounded expectations of the contracting parties are usually the precise site of conflict between them. It is therefore doubtful that conflicts between contracting parties can be resolved solely by identifying and protecting their ‘reasonable expectations’. In the conclusion some speculative comments are offered as to why, given its limited explanatory power, the notion has proved attractive in attempts to explain contract law. (shrink)

This essay seeks to question a certain imbalance in many existing accounts of Plato's dialogues. This imbalance involves a tendency to place too much emphasis upon a dualism between matter and spirit, soul and body. Although the author by no means denies the presence of such dualistic elements, she wishes to qualify them with reference to those aspects of Plato's dialogues which appear to place a stress upon the importance of multiplicity, myth, ritual, society, history, mimesis and time. Such instances (...) of mediation, it will be argued, are just as central to an understanding of Plato's philosophy as instances where the body and/or instances of multiplicity appear to be deprioritised in favour of the soul and the unity of the intelligible realm. These issues will be explored with particular reference to Plato's examination of the nature of justice in the city and its relationship with the philosopher‐guardians exercise of phronesis. What is the relationship between dikaiosyne and phronesis? In order to answer this question, several further questions will be raised: What, for Plato, is a city? What is philosophy? And why, in the Laws, does the Athenian describe the city as “the true tragedy”? (shrink)

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the Resolution (...) 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday. (shrink)

Recent law and ethics literature has been inundated with recommendations of the "best interests" criterion as the appropriate guide for neonatal and maternal-fetal decision-making. Increasingly, however, its adequacy is being questioned. In Chapter 1, I survey the arguments of "best interests" defenders and critics and suggest one problem is that the "best interests" criterion has yet to be subjected to a systematic conceptual and ethical analysis. In Chapter 2, therefore, I conduct such an analysis to evaluate more systematically its appropriateness (...) as a decision-making guide in neonatal and maternal-fetal medicine, concluding that the "best interests" criterion cannot assist us in seeing and addressing all that is at stake in neonatal and maternal-fetal decision-making because it excludes any consideration of the "interdependent" and other interests of family members. Therefore, I suggest that an ethical criterion or set of criteria which can explicitly consider and adequately balance the interests of infants or fetuses and family members would be a more helpful guide for neonatal and maternal-fetal decision-making. ;In Chapters 3-7, I attempt to move beyond the "best interests" criterion, drawing on fieldwork I conducted in the United States, Sweden, and India to point out some conceptual and normative gaps to be addressed in the development of a more adequate guide for neonatal and maternal-fetal decision-making. In Chapter 3, I describe this fieldwork and explain its purpose as illustrating the clinical ethical strategies employed in these countries to balance the interests of various parties in actual decision-making. In Chapters 4-6, I describe these strategies. Finally, in Chapter 7, I point out some conceptual and normative gaps in these decision-making strategies, noting that these gaps have also been unaddressed by the "best interests" critics reviewed in Chapters 1 and 2. I suggest that we must address these gaps to develop theoretical structures that will enable us to explicitly consider and adequately balance the "interdependent" and other interests of infants or fetuses, their family members, and even society in neonatal and maternal-fetal decision-making. (shrink)

Multidisciplinary Perspectives on the Donation of Stem Cells and Reproductive Tissue Content Type Journal Article Category Symposium Pages 15-17 DOI 10.1007/s11673-011-9351-x Authors Catherine Waldby, School of Social and Political Sciences, University of Sydney, Sydney, Australia Ian Kerridge, Centre for Values, Ethics and the Law in Medicine, Medical Foundation Building (K25), University of Sydney, Sydney, NSW 2006, Australia Loane Skene, Faculty of Law and Faculty of Medicine, Dentistry and Health Studies, University of Melbourne, Melbourne, VA, Australia Journal Journal of Bioethical (...) Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 9 Journal Issue Volume 9, Number 1. (shrink)

de Bruin et al. (The Stanford Encyclopedia of Philosophy, Stanford University, Stanford, 2018) write that it is a philosophically interesting question “whether there is such a thing as an 'intrinsic' value of financial assets” noting that the calculation of any intrinsic price will depend, in part, on subjective elements. McCauley suggest that there are at least five different notions of the ‘true value’ of an asset in finance theory, and argues, consistent with de Bruin et al. that in many cases (...) the calculation of such values “makes impossible information demands on our knowledge of future dividends and returns”. This paper explores some of the subjective elements involved in calculating the intrinsic value of an asset, and their implications for the Law of One Price. The Law of One Price states that investors should not pay different prices for the same investment. Consequently, the existence, and persistence, of arbitrage opportunities is often attributed to investor irrationality. However, if subjectivity is involved in the calculation of intrinsic value then two investors can, rationally, disagree about the value of a security. This implies that arbitrage opportunities may not always be instances of irrationality, or genuine mispricing, but reflect different investors perceptions of the security. In economics, value is taken to be subjective, and Postigo describes how goods have value because of the role they play in the satisfaction of our needs. By applying this to finance, this paper will argue that a security can play a number of roles in a portfolio, depending on an investor's strategy. Given these different roles, different investors will be working with different data in their assessment of intrinsic value. In order to establish that an arbitrage opportunity exists it is therefore necessary to understand what information is relevant to pricing the investment in different locations, or markets. It may, in fact, be the case that the same security can trade at different prices because different investors do not see it as the ‘same thing’ at all. This analysis can also be used to throw doubt on the emphasis that fundamental analysis receives in discussions of rationality. (shrink)